3. Duties and Qualification of chief justice

Manu says - when the king has no time to do royal duties (Rajakarya), he should appoint a Brahmin for the same, who is well versed in the Vedasastras and prevailing customs of the society. The Brahmin, along with three other courtiers should enter the court, sit, and classify vyavahara by differentiating it into sections, which had to be actually illustrated by the king. The three courtiers must have good knowledge in Vedasastras. If there is no Brahmana to hear the trial in place of the king, then a Ksatriya having good knowledge in Dharmasastras should be appointed. As in the case of non availabilityof Ksatriya, two Vysyas can be appointed. But a Sudra is not allowed to be appointed in the post of royal duties. 6 Veeramitrodayasya Vyavaharaprakasah-page-21

113 Qualification of a justice. Brihaspati says: The word 'pradvivaka' is derived from two terms - 'prat' and 'vivaka'; where the first term 'prat' signifies asking questions gently and receiving answers at the time of trial, where as the later implies the procedure of verification through the questions?. Just like doctors take out the poison from the body (which may be from arrows) with their equipments and intellect; injustice should be determined by vyavahara or dispute and thus Dharma should be maintained discarding Adharma³. There is a belief that if the king discarding Brahmana, appoints a Sudra and hears the trial along with them, the king would lose his army and capital, and the kingdom will have to meet with destruction. For this very reason, Brahmana should be appointed in the court. Vyavaharamayukha-page-2; veeramitrodaya Vyavaharaprakasah [Vyavahara-prakasha]-page-24 * Veramaitrodayasya Vyavaharaprakashah-pradvivakalakshana-page-24 8